Smith v. Gilchrist’s Empirical Analysis

Citation profile

10 federal appellate · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Factors relevant to this inquiry include whether a public employee’s speech (1) impaired the maintenance of discipline by supervisors; (2) impaired harmony among coworkers; (3) damaged close personal relationships; (4) impeded the performance of the public employee’s duties; (5) interfered with the operation of the institution; (6) undermined the mission of the institution; (7) was communicated to the public or to coworkers in private; (8) conflicted with the responsibilities of the employee within the institution; and (9) abused the authority and public accountability that the employee’s role entailed.”

   3 later decisions quote this exact passage · from the majority
   e.g. Grutzmacher v. Howard County · James Lane v. John Anderson

2. “[I]t is the right of an ADA running for public office not to be fired for speaking publicly in his capacity as a candidate on matters of public concern when the speech is critical of a program that substantially reduces the DA’s office’s caseload but there is no reason to believe the speech will negatively impact the DA’s office’s efficiency.”

   1 later decision quote this exact passage · from the majority
   e.g. Lawson v. Union County Clerk of Court

3. “In sum, a reasonable DA in Gilchrist's position would have known that he could not fire an ADA running for public office for speaking publicly in his capacity as a candidate on matters of public concern.”

   1 later decision quote this exact passage · from the majority
   e.g. Morgan v. Robinson